[Dated 30th May, 1904]
For Statement of Objects and Reasons, see Bombay Government Gazette, 1903, Part VII, pages 5, 6 ; for Report of Select Committee, see ibid., 1904, Part VII page 1, and for Proceedings in Council, see ibid., 1903, Part VII, page 130, ibid., 1904, Part VII, page 42.

LEGISLATIVE HISTORY 6

Amended by Bombay 4 of 1905

Amended by Bombay 17 of 1945

Amended by Bombay 5 of 1948

Amended by Bombay 28 of 1950

Amended by Bombay 24 of 1957

Amended by Bombay 8 of 1958

An Act for further shortening the language used in Bombay Acts, and for other purposes.
Whereas it is expedient further to shorten the language used in Bombay Acts, and to make certain other provisions relating to those Acts; It is hereby enacted as follows :-

Preliminary

1. Short title. - This Act may be called the Bombay General Clauses Act, 1904.
[1A. Extension of application of Act to Acts, rules, etc., made on or after the 1st day of November, 1956. - The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the [State of Bombay] passed, made or promulgated on or after the 1st day of November, 1956 and such provisions of this Act as relate to any notification, order, scheme, rule, by-law, or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date :
Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after the 1st day of November, 1956 amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated before that date in relation to the territories transferred to the new State of Bombay under clauses (b) to (e) of sub-section (1) of section 8 of the States Reorganisation Act, 1956, the law in force of these territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.]
[1B. Extension of application of Act to Acts, rules, etc., of State of Maharashtra. - The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the State of Maharashtra passed, made or promulgated on or after the 1st day of May, 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, bye-law or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date :
Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated in relation to any territory of the State of Maharashtra, not being the Bombay area of that State, the law in force in those territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.]

Object & Reasons6

Statement of Objects and Reasons. - Section 119 of the States Reorganisation Act, 1956 (XXXVII of 1956) continued in different territories of the States formed on the 1st November, 1956, the law which was in force therein immediately before that date. Consequently there were five different interpretation Acts which applied to the pre-State Reorganisation laws of the different areas forming parts of the new State of Bombay. It was found necessary to continue in force these different interpretation Acts not only for the interpretation of laws passed before 1st November, 1956 but also for the interpretation of amending laws that may be enacted after that date. It was also necessary to provide for the interpretation of Statewide laws of the new State of Bombay that may be enacted after the said date.

2. Repeal. - The Bombay Acts mentioned in the Schedule are repealed to the extent specified in the fourth column thereof.

General Definitions

3. Definitions. - In this Act, and in all Bombay Acts [or Maharashtra Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context,-

"Abet"

(1) "abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code;

"Act"

(2) "act", used with reference to an offence or a civil wrong, shall include a series of acts; and words which refer to acts done shall extend also to illegal omissions;

"Affidavit"

(3) "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;

"Barrister"

(4) "Barrister" shall mean a Barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland;

(14) "Consular Officer" shall include consul-general, consul, vice-consul, consular agent, pro-consul and any person for the time being authorised to perform the duties of consul-general, consul, vice-consul or consular agent;

"District Judge"

(15) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;

"Document"

(16) "document" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter;

"Enactment"

(17) "enactment" shall include [* * *] any Regulation of the Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid:

"Father"

(18) "father", in the case of any one whose personal law permits adoption, shall include an adoptive father;

"Financial year"

(19) "financial year" shall mean the year commencing on the first day of April;

"Good faith"

(20) "Good faith", a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not;

(26) "local authority" shall mean a municipal corporation, municipality, local board, body of port trustees or commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund;

(a) as respects any period before the commencement of the Constitution, the area comprised in the Province of Bombay;

(b) as respects.any period after the commencement of the Constitution, the territories of the State of Bombay as specified in the First Schedule to the Constitution before the commencement of the States Reorganisation Act, 1956;]

"Public nuisance"

(36) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code;

(42) "Section" shall mean a section of the Act in which the word occurs;

"Ship"

(43) "ship" shall include every description of vessel used in navigation not exclusively propelled by oars;

"Sign"

(44) "sign", with its grammatical variations and cognate expressions, shall with reference to a person who is unable to write his name, include "mark", with its grammatical variations and cognate expressions;

"Son"

(45) "son", in the case of any one whose personal law permits adoption, shall include an adopted son;

"Sub-section"

(46) "sub-section" shall mean a sub-section of the section in which the word occurs;

(49) "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property;

"Writing"

(50) expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words or figures in a visible form on any substance; and

"Year"

(51) "year" shall mean a year reckoned according to the British calendar.

(i) in the case of a Bombay Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor-General or His Majesty, as the case may require, is first published in the Official Gazette and, if it is an Act of the Governor, on the day on which it is first published as an Act in the Official Gazette;

(ii) in the case of a Bombay Act [or Maharashtra Act] made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette]

.
(2) Unless the contrary is expressed, a Bombay Act [or Maharashtra Act] be construed as coming into operation immediately on the expiration of the day preceding its commencement.
6. Printing of date on which Act is published after having received the assent of the Governor, Governor-General, or His Majesty as the case may require. - In this Act. and in every Bombay Act [or Maharashtra Act], made after the commencement of this Act, the date of such publication as is mentioned in section 5, sub-section (1), shall be printed above the title of the Act, and shall form part of the Act.
7. Effect of repeal. - Where this Act, or any Bombay Act [or Maharashtra Act], made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not -

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of the enactment so repealed or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed.

[7A. Repeal of enactment making textual amendment in any Act. - Where any Bombay Act [or Maharashtra Act] made after the commencement of this Act repeals any enactment by which the text of any previous enactment was amended by the express omission, or substitution of any matter, then, unless, a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.]
8. Revival of repealed enactments. - (1) In any Bombay Act [or Maharashtra Act] made after the commencement of this Act it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
9. Construction of references to repealed enactments. - Where this Act, or any Bombay Act [or Maharashtra Act] made after the commencement of this Act, repeals and reenacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as reference to the provision so re-enacted.
10. Commencement and termination of time. - (1) In any Bombay Act [or Maharashtra Act] made after the commencement of this Act it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the last in a series of days or any other period of time, to use the word, "to".
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
11. Computation of time. - Where, by any Bombay Act [or Maharashtra Act] made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open:
Provided that, nothing in this section shall apply to any act or proceeding to which the [Indian Limitation Act, 1877], applies.
12. Measurement of distances. - In the measurement of any distance for the purpose of any Bombay Act [or Maharashtra Act] made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
13. Gender and number. - In all Bombay Acts [or Maharashtra Acts], unless there is anything repugnant in the subject or context,-

(a) words importing the masculine gender shall be taken to include females; and

(b) words in the singular shall include the plural, and vice versa.

Powers and Functionaries

14. Powers conferred on any Government to be exercisable from time to time. - Where, by any Bombay Act [or Maharashtra Act] made after the commencement of this Act any power is conferred on [any Government], then that power may be exercised from time to time as occasion requires.
15. Power to appoint to include power to appoint ex officio. - Where, by any Bombay Act [or Maharashtra Act] a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.
16. Power to appoint to include power to suspend or dismiss. - Where, by any Bombay Act [or Maharashtra Act] a power to make any appointment is conferred, then, unless a different intention appears, the authority having power to make the appointment shall also have power to suspend or dismiss any person appointed by it in exercise of that power.
17. Substitution of functionaries. - (1) In any Bombay Act [or Maharashtra Act] made after the commencement of this Act it shall be sufficient for the purpose of indicating the application of a law to every person or number of persons for the time being the executing officer at present executing the functions, or that of the officer by whom the functions are commonly executed.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
18. Successors. - (1) In any Bombay Act [or Maharashtra Act] made after the commencement of this Act it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
19. Official chiefs and subordinates. - (1) In any Bombay Act [or Maharashtra Act] made after the commencement of this Act it shall be sufficient for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.

Provisions as to Orders, Rules, etc., made Under Enactments

20. Construction of orders etc., issued under Bombay Acts [or Maharashtra Acts]. - Where, by any Bombay Act [or Maharashtra Act], a power to issue any notification, order, scheme, rule, by-law or form is conferred, then expressions used in the notification, order, scheme, rule, by-law or form, if it is made after the commencement of this Act, shall, unless there is anything repugnant, in the subject or context, have the same respective meanings as in the Act conferring the power.
21. Power to make to include power to add to, amend, vary or rescind, orders, etc. - Where, by any Bombay Act [or Maharashtra Act], a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws, so issued.
22. Making of rules or by-laws and issuing of orders between publication and commencement of Bombay Act [or Maharashtra Act]. - Where, by any Bombay Act [or Maharashtra Act], which is not to come into operation on [the passing thereof], a power is conferred to make rules or bylaws, or to issue orders with respect to the application of the Act, or with respect to the establishment of any Court or office, or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which anything is to be done under the Act, then that power may be exercised at any time after [the passing thereof], but rules, by-laws or orders so made or issued shall not take effect till the commencement of the Act.
23. Publication of orders and notifications in the Official Gazette to be deemed to be due publication. - Where, in any Bombay Act [or Maharashtra Act], or in any rule passed under any such Act, it is directed that any order, notification or other matter shall be notified or published, then such notification or publication shall, unless the enactment or rule otherwise provides, be deemed to be duly made if it is published in the [Official Gazette].
24. Provisions applicable to making of rules or by-laws after previous publications. - Where, by any Bombay Act [or Maharashtra Act], a power to make rules or by-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely-

(a) the authority having power to make the rules or by-laws shall, before making them, publish a draft of the proposed rules or by-laws for the information of persons likely to be affected thereby;

(c) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;

(d) the authority having power to make the rules or by-laws and, where the rules or by-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or by-laws from any person with respect to the draft before the date so specified;

(e) the publication in the [Official Gazette] of a rule or bylaws purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or by-law has been duly made.

25. Continuation of orders, etc., issued under enactments repealed and re-enacted. - Where any enactment is, after the commencement of this Act, repealed and re-enacted by a Bombay Act [or Maharashtra Act] with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, by-law or form made or issued under the repealed enactment shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, by-law or form made or issued under the provisions so re-enacted.

Miscellaneous

26. Recovery of fines. - Sections 63 to 70 of the [Indian Penal Code], and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines, shall apply to all fines imposed under any Bombay Act [or Maharashtra Act], or any rule or by-law made under any Bombay Act [or Maharashtra Act] unless the Act, rule or by-law contains an express provision to the contrary.
27. Provision as to offences punishable under two or more enactments. - Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.
28. Meaning of service by post. - Where any Bombay Act [or Maharashtra Act] made after the commencement of this Act authorises or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
29. Citation of enactments. - (1) In any Bombay Act [or Maharashtra Act], and in any rule, by-law, instrument or document made under, or with reference to, any Bombay Act [or Maharashtra Act] any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number any year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained.
(2) In this Act, and in any Bombay Act [or Maharashtra Act] made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in description or citation.
30. Saving for previous Acts, rules and by-laws. - Where any Act, rule or by-law made after the commencement of this Act continues or amends any Acts, rules or by-laws made before the commencement of this Act, the foregoing sections of this Act shall not by reason merely of such continuance or amendment affect the construction of such Acts, rules or bylaws.
[31. Application of Act to Ordinances and Regulations. - The provisions of this Act shall apply -

(a) in relation to any Ordinance promulgated by the [Governor of Bombay] under section 88 of the Government of India Act, 1935, as they apply in relation to Bombay Acts made under the said Act by the Governor and in relation to any Regulation made by the Governor under section 92 of the said Act as they apply in relation to Bombay Acts made by the Provincial Legislature; and

(b) in relation to any Ordinance promulgated by the Governor under article 213 of the Constitution or any Regulation made by the Governor under paragraph 5 of the Fifth Schedule to the Constitution, as they apply in relation to Bombay Acts [or Maharashtra Acts] made by the State Legislature :

Provided that, clause (ii) of sub-section (1) of section 5 of this Act shall apply to any Ordinance referred to in clause (b) as if for the reference in the said clause (ii) to the day of the first publication of the assent to an Act in the Official Gazette there were substituted a reference to the day of the first publication of the Ordinance in that Gazette.]

means, in Sind, the [Provincial Government] and elsewhere a
Commissioner of land revenue, or, if Government appoint any
other officer to be a Commissioner for the purposes of this Act,
such other officer.

"includes an officer appointed by Government to be a
Commissioner for the purpose of this Act".

3

4

"means a Collector of land revenue or".

"includes".

45

...

"of this Act" (each time the words occur).

.....

IV of 1879

3, 9, 10, 11, 14, 15, 17 and 18

...

The last three words. "hereto annexed" (each time
the words occur)

.....

9, 16, 17 and 25

...

"of this Act" (each time the words occur).

.....

12

(b)

"of this Act".

.....

19

...

"of this Act" (the first time the words occur).

.....

20 and 24

...

"of either description within the meaning of the Indian
Penal Code" (in each place in which the words occur).